Casual employees; has there been a dismissal?

It is reasonably common for an employer of casual employees to claim in an unfair dismissal case in the Fair…

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The effect of a dismissal during notice of resignation

It is not uncommon for an employee to give notice of resignation under an employment contract, or even pursuant to…

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Unfair dismissal; what is a dismissal?

What is a dismissal for an unfair dismissal case? “Accordingly, the general legal principles to be applied in this case…

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Tick tock; when does a dismissal take place?

For the dismissal of an employee to be capable of having legal effect, certain formalities need to be observed. This…

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Dismissal by text will almost always be an unfair dismissal

“However, Mr Hain was notified of his dismissal and summarily dismissed by text message. I do not accept that a…

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Termination of employment limited in time or by task

Where an employer terminates the employment of a person in circumstances where either the contract expressly permits termination when funding…

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When is an employee considered dismissed?

In J Searle and Moly Mines Limited [2008] AIRCFB 1088., a full bench considered the meaning of termination at the…

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Caveat emptor; this is very dry; how and when does a dismissal take effect?

When and how does a dismissal take legal effect? At common law, a contract of employment may unilaterally be terminated…

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Employers beware; if you forgive you must forget Part 2

The Court was referred by the applicant to Carter v The Dennis Family Corporation [2010] VSC 406 at 121 –…

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The ingredients of a dismissal

A person cannot be regarded as having been dismissed unless that fact has been communicated to him or her. “In…

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